캐나다 저작권법

Because the two main IMSLP servers are physically hosted in Canada (one at Montreal and the other at Toronto), IMSLP follows Canadian copyright laws, which may differ from your country. The briefest summary of Canadian copyright law would be that copyright persists for the composer or other author (if any) for 50 years after his/her death.

Only works that are first published in countries that are members of the WTO or Berne Convention are subject to copyright in Canada; however, in most cases this applies retrospectively, unless the work was already in the public domain in its native country (i.e. the country in which the first publication occurred) when either treaty was signed.

Some works are in the public domain in the U.S., but not yet public domain in Canada and other countries. The reason for this is that the US law calculates terms from the date of first publication for all works published before 1978. If a work was published before 1923 (see Pre-1923 copyright law), or first published in the U.S. from 1923-1963 without copyright renewal (see 1923-1963 copyright law), it is almost certain to be public domain in the USA. IMSLP does not have a US server at present, so works in the US public domain like the Dover reprint of Stravinsky's Le sacre du Printemps cannot be posted here at the present time.

Please note that the total copyright length (i.e. the length before it enters the public domain) of a particular score is equal to the longest of the copyright terms given to the three concerned parties (composer, publisher, and editor if there is one). For example, a re-engraved edition of the Beethoven sonatas, published by Henle in 1985 is copyrighted (it has been edited by an editor whose work is not yet in the public domain, plus the initial typeset of this edit is also copyrighted, and the 25-year German term covering urtext editions is still in force.); while a Dover publication of 1995, which is merely a reprint of old editions, is in public domain (except for the title page and cover, i.e. stuff Dover added; there is no publisher copyright here because the initial typeset is in the public domain; there is no copyright in reprinting public domain typesets). The copyright claim can usually be found on the bottom of the first page of a score.

We expect uploaders to put considerable effort into assuring that the upload is in the public domain in Canada. Please add relevant commentary to the work page or file entry. While works in the Canadian public domain that remain protected in the US are allowed for inclusion in the archive, it is possible that scanning and uploading such a work could constitute a violation of the US law for those who reside in the USA. In contrast to the laws of Canada and the EU, the date of first publication is absolutely critical for determining the U.S. copyright status of any work published before 1978.

The following tables give a quick overview of the copyright situation. Note that these tables list only the conditions under which a work is or is not in the public domain in Canada (and countries where the term is life+50 years), the USA, the EU, Russia (and countries where the term is life+70 years). This is the situation in 2007 and the limits 1938 and 1957 change every year except in the USA, where a publication date is paramount. The term "author" refers to either the composer, an orchestrator, arranger, or an editor.

‡(Proof of non-renewal and NIE status applies only to works published 1923-1963. All works published after 1963 have been renewed automatically and enjoy a full term of 95 years after first publication.)

공공저작권 (저작권자가 불명일 경우)

Year Published

Canada,life+50 countries

United States

EU, Russia,life+70 countries

Template to be used on IMSLP

before 1923

public domain (pub+50)

public domain

public domain (pub+70 in most countries)

None: always public domain

1923-1944

copyrighted (pub.+95), unless public domain in country of first publication in 1996

Editions of Public Domain Works

Determining the Type of Edition

There is no copyright in Canada purely in the act of publication itself. Thus any non-edited reprint or re-engraving of a public domain edition is also public domain. However, in the case that there is significant anonymous editing, Canadian copyright law does state that copyright persists for publication + 50 years for such works, or until the editor becomes publicly known, in which case it reverts back to the life + 50 years. However, because of the uncertain nature, the use of this clause is discouraged. Unlike Canada, the date of publication is extremely significant in determining the public domain status of works in the US (see Pre-1923 copyright law). The term "edition" or the credit "edited by" has been liberally applied by publishers for items ranging from serious re-arrangements and re-orchestrations of the original work to completely unaltered reprints of older, public domain scores.

Insignificant editorial contributions have no copyright in themselves, whereas significant ones often do. For an edition to qualify for a full term of the editor's life+50 years (or indeed any copyright term at all), the editor's contribution to the work must be of a significant and original nature - referred to in legal terms as the "threshold of originality". The following is a non-exhaustive list of significant and insignificant editing actions:

Urtext or Critical Editions

There are special provisions in several countries for a limited copyright for scholarly editions, which include critical, urtext or "scientific" editions (notably those of Bärenreiter and other German publishers). Please read the Copyright Laws by Country or Territory section for more detailed information. Although these editions, apart from any editorial prefaces, annotations and commentary, contain insufficient original material to qualify for copyright status in Canada, IMSLP as a courtesy voluntarily prohibits the posting of critical or urtext edtions published less than 25 years ago, with the exception of those issued by government agencies or government-owned corporations (such as those issued by the USSR state publishing concern before the 1990 demise of the Soviet Union).

Posthumously Published Editions (Editio Princeps)

Works published for the first time pusthumously within the normal period of copyright protection after the last surviving author's death date are given in Canada, a 50-year term of protection from the date of publication. In the EU, no additional copyright is granted to the publisher, and the copyiright expires with that of the author.

Works that are first published after the expiration of the copyright term of that composer enjoy a limited copyright term in most countries under the Editio Princeps concept. In most countries, including the EU countries, this term is 25 years after publication. Canada grants 50 years of copyright protection to such first editions published in Canada, but those published outside Canada are only entitled to the same term as in the country of origin. US copyright before 1978 was based solely on publication date, proper copyright notice, registration and renewal, while works of this nature first published from 1978-2002 are protected uuntil Jan. 1, 2048. Works of authors dead more than 70 years published later than 2002 are not subject to copyright protection themsleves, but only as a new edition or other derivative work.

Reprint Editions

Reprint editions of publications that are in public domain are not subject to copyright in Canada, the USA, the EU, and most (if not all) or the world. This is not only the case for paper reprints, but also for scanned reprints available on digital media or on the web. No copyright can be claimed on the scanning of a public domain work (see Bridgeman Art Library v. Corel Corp. case), regardless of whether the original scanned is in printed or manuscript form.

International Copyright Treaties

In signatory countries

This rule basically states that if a work is in the public domain in the country of origin, it is also public domain in any signatory country to the Berne convention that has formally opted to apply the Rule. This rule has not been adopted by the USA or Canada.

The European Union applies the Rule of the Shorter Term for works whose country of origin is outside the EU. Thus, a work by an American composer which entered the public domain in the USA, is not granted any additional protection in the EU, unless it happens to be covered under a bilateral treaty made between the USA and the EU country in question.

The principle of Country of Origin has not clearly been defined and is thus subject to interpretation. It can be defined by the nationality of the author, or by the country or countries of first publication of the work.

In Canada

Canadian copyright law states:"Authors who are nationals of any country, other than a country that is a party to the North American Free Trade Agreement, that grants a term of protection shorter than that mentioned in subsection (1) are not entitled to claim a longer term of protection in Canada."

국가 또는 지역별 저작권법들

호주

Any work published in the lifetime of an author who died in 1954 or earlier, is out of copyright. The term for authors who died in 1955 or later is 70 years.

유럽 연합

The primary objective of the 93/98/EC Copyright Directive, consolidated in the 2006/11/EC Directive, was the harmonization of the copyright term for EU countries at life-plus-70 years, including a restoration to copyright status for works which had entered the public domain member countries with life-plus-50 terms at the time. Ariticle 5 is of particular importance with respect to editions of public domain music and states that member states may protect "critical and scientific publications of works which have come into the public domain" for a maximum of thirty years (italics added). Article 4 grants copyright to the publisher of a public domain work which was previously unpublished for 25 years after the date of first publication (Editio Princeps), provided that the work in question is "legally published" in accordance with the specific laws of the country in which such publication occurs.

체코

All Czech government publications are in the public domain. This notably affects Artia/Orbis/SNKLHU/Supraphon, which was a government organization from 1948 to 1989. See the Czech Republic copyright act (file hosted by OSA, Czech author's rights organization).

영국

The basic copyright has a duration of life of the last surviving author +70 years. Anonymous editions enjoy a copyright of 70 years after publication, or if not published, 70 years after creation.

England has a special law regarding "typographical arrangement" ("typographical arrangement" essentially means re-engraving). A "typographical arrangement" is only copyrighted for the length of publication + 25 years.[1] This would affect many of the originally German publishers who relocated to England (ex. Eulenburg).

프랑스

The basic copyright has a duration of life of the last surviving author +70 years. Anonymous editions enjoy a copyright of 70 years after publication, or if not published, 70 years after creation. There is 30 extra years for authors who 'died in action' (like Jehan Alain). In addition, posthumous works are copyrighted 25 years from the year of publication.
[2], [3]

독일

The basic copyright has a duration of life of the last surviving author +70 years. Anonymous editions enjoy a copyright of 70 years after publication, or if not published, 70 years after creation. Posthumous first-time publications are protected for only 25 years after publication.

As per Article 70 of the German Urheberrechtsgesetz (copyright law), scientific editions, which is to say editions which are produced as a result of scientific analysis (i.e. scholarly or critical editions and urtext), have a copyright length of only publication + 25 years, meaning that all such scientific editions published in Germany before 1982 are in the public domain there. However, arrangements, transcriptions, orchestrations, continuo realizations, and interpretative editions enjoy a full term of protection of life-plus-70 years.

헝가리

이탈리아

Rights belonging to the State, the provinces, the communes, the academies or public cultural organizations, or to private legal entities of a non-profit making character: 20 years

포르투갈

Portugal's basic copyright term is only 50 years after death of the last surviving author (even in the case of posthumously published works), or 50 years after publication if no author is identified. Portuguese copyright law reserves a separate article for Translation, arrangement, instrumentation, dramatization, filming and, in general, any transformation of a work but does not clearly specify a copyright protection for these works. (Law text at WIPO)

러시아

The present Russian copyright law is extremely complicated. (WP). Basically, works of authors who died before 1953 are in public domain, whereas authors died 1953 or later are protected for 70 years. The law of Tzarist Russia was very similar to that of Germany, where works were granted a copyright term of life plus 50 years. However, Russia was not a signatory to the Berne Copyright Treaty (1888) and works of Russian composers were protected in Europe only via co-publication agreements between Russian publishers like Jurgenson and Bessel with firms in the West like D. Rahter, Bote & Bock, and Breitkopf & Härtel.

With the communist revolution of 1917, this situation changed drastically. Individual copyright was abolished along with all other forms of property ownership. This change was disasterous for the copyright status of Russian composers - even those living in the West like Prokofiev, Rachmaninov, and Stravinsky. Since all works - whether Soviet or foreign - effectively became the property of the state in the USSR, all Soviet works were held to be public domain in Western countries, even those of expatriate Soviet citizens. In order to comply with treaties to secure Western copyright status for works of Soviet authors, the Soviet goverment finally introduced a limited term of publication plus 15 years in the 1930s. However, the Soviet state (USSR) completely controlled publication of all works of living or deceased persons on which the state acclaimed copyright. Although the original works of Soviet composers have been given copyright status elsewhere thanks to several treaties, editions of public domain works issued by Muzika, the Soviet state music publishing agency, are generally considered to be in the public domain, as they were prepared by state employees working for a government agency, and the copyright owner (the USSR) ceased to exist in 1990.

미국 저작권법

Works published before 1923

Basically, all works published before 1923 are in the public domain in the US. At present, except for a bizarre ruling from the US 9th Circuit Court of Appeals that affects only the western states, any work published before 1923 is public domain in the US, regardless of where it was first published.

Works published between 1923 and 1963

In the U.S., works of US authors and proprietors that are published in 1923-1963 are in the public domain if the copyright is not renewed or if the work was published without a proper copyright notice. Currently, the only way to ascertain renewal status for works published before 1950 is to conduct a formal search of the US Copyright Office records in person or pay for a formal search by the copyright office itself. Later records are available online at the US copyright office website. This database indexes only records from 1978, which include the renewals for works first published in 1950. Non-music records from 1923-1977 are indexed at Project Gutenberg.

U.S. Copyright Restoration for Foreign Works published between 1923 and 1978

Some foreign works from this period that were formerly public domain due to failure to comply with notice and renewal provisions of the US law have been restored to copyright status due to the provisions of the GATT/TRIPS amendments (effective Jan. 1, 1996) provided the work in question was not already public domain in its country of origin. Works that were public domain in their country of origin as of 1 January 1996, are not eligible for restoration of U.S. copyright. In other cases, US copyright laws applies. for details, read the Wikipedia article.